31975R0762
No L 76/ 20 Official Journal of the European Communities 25 . 3 . 75
REGULATION ( EEC) No 762 / 75 OF THE COMMISSION of 21 March 1975 opening an invitation to tender for the mobilization of milled rice as food aid for the Democratic Republic of Somalia
THE COMMISSION OF THE EUROPEAN Whereas provision should be made for security to be COMMUNITIES , given for the purpose of guaranteeing that the obliga tion arising by virtue of participation in the invitation to tender for supplies to the Democratic Republic of Having regard to the Treaty establishing the European Somalia will be fulfilled ; Economic Community ;
Whereas the Italian intervention agency should be Having regard to Council Regulation No 359 / made responsible for the tendering procedure ; 67/ EEC (') of 25 July 1967 on the common organiza tion of the market in rice, as last amended by Regula tion ( EEC) No 476/ 75 (2 ) ; Whereas the Commission must be informed quickly of the tenders submitted in response to the invitation and of those accepted by the intervention agency ; Having regard to Council Regulation ( EEC) No 1 693/72 (3 ) of 3 August 1972 laying down the condi tions for the mobilization of cereals as food aid , and Whereas the Monetary Committee will be consulted ; in particular Article 6 thereof ; whereas, in view of the urgency, the measures envis aged should be adopted in accordance with the condi tions laid down in Article 3 (2) of Council Regulation Whereas on 17 February 1975 the Council of the No 129 (•>) on the value of the unit of account and the European Communities declared that it proposed , by exchange rates to be applied for the purposes of the way of Community action , to grant the equivalent of 7 500 metric tons of husked rice ( in other words, common agricultural policy, as last amended by Regu lation ( EEC) No 2543 /73 (5), and in particular Article 5 813 metric tons of round grain milled rice) to the 3 thereof ; Democratic Republic of Somalia under its 1974/75 food-aid programme ; Whereas the measures provided for in this Regulation Whereas pursuant to Article 3 (3) of Council Regula are in accordance with the Opinion of the Manage ment Committee for Cereals , tion ( EEC) No 1693 /72 the goods may be purchased anywhere on the Community market ;
Whereas the proposed invitation to tender should be for supply of the products cif, that is to say actually HAS ADOPTED THIS REGULATION : placed on the quay at the port of unloading ; *
Whereas in view of the different monetary circum Article 1 stances in the Member States , the observation of these conditions is not guaranteed by the application of exchange rates applicable in the framework of the 1 . Tenders are hereby invited for the supply to the common agricultural policy since monetary compensa Democratic Republic of Somalia, by way of Commu nity food-aid action , of 5 813 metric tons of round tory amounts do not apply in the rice sector ; whereas it is advisable to take account of the monetary situa grain milled rice . tion as regards different offers ; 2 . The tendering procedure shall take place in Italy Whereas the award under the invitation to tender in one lot. The product shall be mobilized on the must be made to the tenderer offering the best terms ; Community market . The product shall be loaded for departure from any Community port . Whereas, should force nnijeure make it impossible to complete the operation in question within the time 3 . The invitation to tender provided for in para limits specified , it must be made clear who is to bear graph 1 is for supply of products delivered cif that is the liability for any resulting costs ; to say, actually placed on the quay in the port of unloading. (') OJ No 174, 31 . 7 . 1967, p . 1 . \2) OJ No L 52, 28 . 2. 1975, p. 31 . (■4 ) OJ No 106 , 30 . 10 . 1962, p . 2553 / 62 . (3 ) OJ No L 178 , 5 . 8 . 1972, p . 3 . (5 ) OJ No L 263 , 19 . 9 . 1973 , p. 1 .
25 . 3 . 75 No L 76 / 21 Official Journal of the European Communities
Article 6 4 . The successful tenderer shall deliver the product specified in paragraph 1 cif to the port of Berbera in new jute sacks of a net capacity of 50 kilogrammes. 1 . The round grain milled rice referred to in Article 1 to be supplied to the Democratic R public M The following shall be printed on the sacks : Somalia must meet the following requirements : 'Milled rice — gift of the European Community — to — moisture : 15 % , be distributed free of charge'. — broken rice : 5 % maximum , — chalky grains : 3 % maximum , Article 2 — grains striated with red : 3 % maximum , — spotted grains : 1 % maximum , 1 . The decision on tenders received in response to — stained grains : 0-50 % maximum , the invitation provided for in Article 1 shall be taken — yellow grains : 0-050 % , on 8 April 1975 . — amber grains : 0-125 % maximum . 2. The closing date for the receipt of tenders shall be 8 April 1975 at 12 noon . Rice not meeting these requirements shall be refused .
3 . The notice of invitation to tender shall be 2. Tenders for supply to the Democratic Republic published in the Official Journal of the European of Somalia of the round grain milled rice referred to Communities not less than nine days before the in Article 1 must relate to a product with the closing date for submission of tenders . following characteristics :
— moisture : 1 5 % , Article J — broken rice : 5 % maximum , 1 . The prices offered must be expressed in the — chalky grains : 3 % maximum , currency of the Member State in which the invitation — grains striated with red : 3 % maximum , to tender was issued . — spotted grains : 1 % maximum , — stained grains : 0-5 % maximum , 2. The rates used for converting into units of — yellow grains : 0-050 % maximum , account those offers made in national currencies shall — amber grains : 0-125% maximum . be : — the central rate in cases where the relevant Article 7 currency is held at any given moment within a band of 2-25 % , 1 . The Italian intervention agency shall be respon — in other cases the average spot exchange rate sible for organizing the invitation to tender provided during the period from Wednesday of one week to for by this Regulation . Tuesday of the following week and which immedi ately precedes the time limit for the submission of 2 . It shall forthwith communicate to the Commis offers . sion the list of firms which have responded to the invi tation to tender, specifying the terms of each tender, Article 4 together with the name and business name of the successful tenderer . The contract shall be awarded to the tenderer offering the best terms . 3 . Where the customs export formalities for the mobilized product are completed in a Member State However, if the tenders submitted do not appear to other than that in which the invitation to tender is reflect normal market prices and costs, the interven issued , the intervention agency of the latter Member tion agency may cancel the invitation to tender. State shall be responsible for the operations following tendering, including payment to the successful ten Article 5 derer . 1 . The tenderer shall give security of a value of 10 In such case, the intervention agency choosing the units of account per metric ton of the product ; for successful tenderer shall immediately inform the inter the successful tenderer the security is intended to vention agency of the Member State concerned and guarantee that the operations specified in Article 1 are shall supply it with all the information which it may duly completed . The security shall be forfeited if those require . operations are not carried out within the prescribed time limit , save as regards quantities not delivered Furthermore , the amount of the successful tender owing to force majeure. shall be paid after it has been converted using the 2 . The security required under paragraph 1 may be average of the spot rates referred to in the second provided in the form of a cash deposit or of a subparagraph of Article 3 (2) to the tenderer in the guarantee issued by a credit institution conforming to currency of the Member State in which the operations criteria laid down by each Member State . relating to the tendering are completed .
No L 76/22 Official Journal of the European Communities 25 . 3 . 75
4. The intervention agency shall request the 5 . When the intervention agency responsible for successful tenderer to supply the following informa the operations relating to tendering is not the interven tion : tion agency which appoints the successful tenderer, it shall send as soon as possible to the latter the informa (a) after each shipment, a statement giving details of tion necessary for releasing the security. the quantities loaded, the quality of the products and the type of packing ; (b) the date of the departure of the ships ; the esti mated date of arrival of the products at their desti nation ; Article 8 (c) all possible contingencies which might occur during transportation of the products. The information indicated above shall be forwarded This Regulation shall enter into force on the day of its by the intervention agency to the Commission imme publication in the Official Journal of the European diately upon receipt. Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 21 March 1975 .
For the Commission
P.J. LARDINOIS Member of the Commission